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Ministry of Justice of Ukraine

January 21, 2009

No. 48/16064

ORDER OF THE MINISTRY OF PROTECTION OF THE SURROUNDING ENVIRONMENT OF UKRAINE

of December 10, 2008 No. 639

About approval of the Method of calculation of the sizes of indemnification which are caused to the state as a result of above-standard emissions of pollutants in atmospheric air

(as amended of the Order of the Ministry of Ecology and Natural Resources of Ukraine of 28.12.2016 No. 548)

According to the Laws of Ukraine "About protection of the surrounding environment", "About protection of atmospheric air", subitem 12-1 of item 4 of the Regulations on the Ministry of protection of the surrounding environment of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of 02.11.2006 of N 1524, I ORDER:

1. Approve the Method of calculation of the sizes of indemnification which are caused to the state as a result of above-standard emissions of pollutants in atmospheric air which is applied.

2. (Kostrov M. M.) to provide to the state ecological inspection submission of the order on state registration in the Ministry of Justice in accordance with the established procedure.

3. Declare invalid Minekobezopasnosti's order of 18.05.95 No. 38 "About approval of the Method of calculation of the sizes of indemnification which are caused to the state as a result of above-standard emissions of pollutants in atmospheric air", registered in Ministry of Justice 29.05.95 for No. 157/693.

4. To impose control over the implementation of this order on the deputy minister - the Chief state inspector of Ukraine on protection of the surrounding environment Trigubenko S. M.

Minister

G. Filipchuk

Approved by the Order of the Ministry of protection of the surrounding environment of Ukraine of December 10, 2008 No. 639

Method of calculation of the sizes of indemnification which are caused to the state as a result of above-standard emissions of pollutants in atmospheric air

1. General provisions

1.1. This Technique is developed according to the Laws of Ukraine "About protection of the surrounding environment" and "About protection of atmospheric air", resolutions of the Cabinet of Ministers of Ukraine of 28.12.2001 No. 1780 "About approval of the Procedure for development and approval of standard rates of boundary and admissible emissions of pollutants from stationary sources", the order of Ministry for Protection of the Environment and Natural Resources of Ukraine of 27.06.2006 No. 309 "About approval of standard rates of boundary and admissible emissions of pollutants from stationary sources", registered in the Ministry of Justice of Ukraine 01.08.2006 for No. 912/12786.

1.2. This Technique establishes procedure for determination of the sizes of indemnification caused to the state as a result of above-standard emissions of pollutants in atmospheric air by stationary sources of subjects of managing.

1.3. This Technique is not applied in case of identification of the violations the legislation on protection of the surrounding environment made by subjects of managing as a result of emissions of pollutants in atmospheric air from portable sources, and also activities of which are connected with influence of physical and biological factors on its condition.

1.4. This Technique extends to the state inspectors of Ukraine on protection of the surrounding environment and the state inspectors on protection of the surrounding environment of the corresponding territories (further - the state inspectors) when calculating the sizes of indemnification which are caused to the state as a result of above-standard emissions of pollutants in atmospheric air which are found by results of the state control over the implementation by subjects of managing of requirements of the nature protection legislation.

1.5. In this Technique terms are used in such value:

emergency emissions - emissions of pollutants in atmospheric air which resulted from industrial or transport accident, catastrophic crash, natural disaster;

emissions - receipt in atmospheric air of pollutants or mixes of such substances;

gas-and-dust flow - gas which contains pollutant or pollutants in any aggregate state and it is organized it is taken away from source of formation of pollutants and (or) stationary source of pollution of the atmosphere;

source of emissions of pollutants - object (the company the workshop, the aggregate, installation) from which pollutant or mixes of such substances arrive in atmospheric air;

source of formation of pollutants - object in which there is formation of pollutants;

pollutant - substance of chemical or biological origin which is present or arrives in atmospheric air and can directly or mediately exert negative impact on health and condition of the surrounding environment;

volley emission - emission of pollutants in atmospheric air which quantitatively is also qualitatively provided by production schedules of production and exceeds several times sizes of emissions which are established in case of normal conducting engineering procedure. Duration of volley emissions is determined according to the card of production process. The allowed volume of volley emissions shall not exceed triple value of boundary and admissible emission according to the legislation;

the approved boundary and admissible emission - the allowed volume of emission of pollutant which is established in permission to emissions of pollutants in atmospheric air by stationary sources: for stationary sources of emissions which are carried to the main, in mg / куб.м and / with; for sources of the emissions referred to others in mg / куб.м; for sources of emissions on which standard rates of boundary and admissible emissions, according to the legislation in / are not established with;

concentration of pollutant - amount of pollutant which contains in unit of volume or mass of the gas arriving in atmospheric air, mg / куб.м;

mass consumption of pollutant (capacity of emissions) qm amount of substance which is thrown out atmospheric air for unit of time, / with, kg/h, ton/year;

mass concentration of pollutant, (ро) - the relation In the mass of pollutant (component B) to amount of gas, aspirovanny in case of selection of test, mg / куб.м;

unorganized emissions - emissions which arrive in the atmosphere in the form of the nondirectional flows of pylegazovozdushny mix from the sources of pollution which are not equipped with constructions for layers of gases gas flues, pipes and other constructions;

volume expense of gas-and-dust flow - the relation of amount of gas-and-dust flow to unit of time, cubic m/s;

organized emissions - emissions which arrive in the atmosphere via specially constructed gas flues, pipes and other constructions;

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